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Direction to Land Surveyors No. 16 (May 24, 2018)

This Direction provides information on the application for survey instructions or parcel designations and provides information on the process for submitting electronic plans of Crown land prepared pursuant to the Land Title Act and Land Act to the Surveyor General.

Background

As stated in Circular Letter 475, prior to undertaking any survey of Crown land pursuant to the Land Title Act or the Land Act, other than a statutory right of way, an application must be made to the Surveyor General for survey instructions, and additionally, in the case of surveys under the Land Act, for a unique parcel designation.

Previous practice did not require an application for survey instructions for Land Title Act surveys of Crown land. However, it has become apparent that issuing instructions for surveys conducted pursuant to the Land Title Act will have a number of benefits. These include:

1. Ensuring that the full extent of the survey and plan requirements are understood;

As part of preparation of survey instructions and behind the issuance of parcel designations for Land Act surveys, staff of the Surveyor General Division frequently communicate with the Province to clarify the Province's land use plans that are behind offers to sell and offers to lease Crown land. Often this includes determination of whether the Province wants to establish public road or highway.

2. Ensuring that the appropriate parts of the Survey Rules are applied to the survey and plan(s);

Surveyor General staff can answer questions about which parts of the Survey Rules are applicable for particular surveys, including for the establishment of public road or highway.

3. Enabling Surveyor General staff the opportunity to determine if certificates of title, portions of registered plans or primary parcels can be cancelled;

It is in the public interest to keep the survey fabric as clear and orderly as possible. The Surveyor General has the ability to cancel certificates of title under Section 103 of the Land Title Act, the ability to cancel whole plans or parts of plans pursuant to Section 136 of the Land Title Act, and to cancel primary parcels pursuant to Section 75 of the Land Act. Cancelling titles, plans and primary parcels, which are no longer required, cleans up the fabric and can result in more efficient surveys for the land surveyor.

4. Enabling Surveyor General staff the opportunity to update government's Crown Land Registry appropriately;

The Province relies on the Surveyor General to update the Crown Land Registry each time Crown land is surveyed. The Surveyor General must provide certain information to the Province each time a survey of Crown land is completed as part of the Province's Crown land disposition process.

Surveys of Crown land can be requested by a person who has received an offer from the government to purchase or acquire an interest in Crown land and surveys can be requested by a government ministry.

The majority of plans prepared over Crown land are statutory rights of way plans. These plans can include surveyed or unsurveyed Crown land, and titled or untitled Crown land.

That said, regular posting plans, explanatory plans, reference plans and subdivision plans prepared pursuant to the Land Title Act or survey plans prepared pursuant to the Land Act are necessary to meet the conditions of an offer the Province has made.

In some circumstances, the Province will directly contract with a land surveyor to conduct surveys over Crown land. Commonly, these contracts are for the establishment of highway pursuant to the Transportation Act or public road pursuant to the Land Act.

All plans must be submitted to the Surveyor General through the Electronic Filing System (EFS). EFS is accessed via a myLTSA Enterprise account. All electronic forms are available on the Download Form Templates page, under Administration in the main navigation menu of EFS, or on the Surveyor General Forms page of the Land Title and Survey Authority of British Columbia (LTSA) website (www.ltsa.ca).

Application for Survey Instructions and Parcel Designations

Prior to undertaking any survey of Crown land pursuant to the Land Title Act or the Land Act, other than a statutory right of way, an application must be made to the Surveyor General for survey instructions, and in the case of surveys under the Land Act, for a unique parcel designation.

An application for survey instructions or parcel designation is made by submitting an Applications for Parcel Designation and/or Survey Instructions (SGIN) form and supporting information to the Surveyor General Division through EFS.

The following information must be included in the package submission:

  1. A completed Applications for Parcel Designation and/or Survey Instructions (SGIN) form;
  2. A copy of the accepted offer of grant or lease from a Crown ministry and the proposed survey sketch attached to the offer. If a survey is being conducted at the request of a provincial government ministry, documentation from the ministry requesting the survey (such as a signed contract) is required;
  3. Any additional information that may assist with issuance of survey instructions or creation of the parcel designation.

The application will be reviewed by Surveyor General staff and the applicant will be provided with an email containing specific survey instructions and unique parcel descriptions and associated Parcel Identification Numbers (PIN), as appropriate. There is no fee associated with this application.

Submission of Plans Prepared under the Land Title Act

Process Common to All Plan Types

Land Title Act plans of Crown land are submitted to the Surveyor General as part of a package. Each package must include a Land Title Act Plans over Crown Land Submission to Surveyor General (SGLT) form. The EFS User's Guide outlines the process to submit a Land Title Act plan package to the Surveyor General.

If a survey was conducted as a result of a direct contract with a provincial Crown ministry, this must be indicated in the "Explanatory Notes" field on the SGLT form. In these instances, the "Deduct LTSA Fees" checkbox on the form should be unchecked because surveys conducted under contract with provincial ministries are exempt from survey plan submission fees.

The plan and affixed Survey Plan Certificate (SPC) form, and any required supporting documentation (as detailed below), are packaged with the SGLT form and submitted to the Surveyor General through EFS.

If Surveyor General staff seek amendments to the survey plan, the applicant will be notified of the required change(s) by email. The revised survey plan must be attached to a new SPC form and electronically signed in the usual manner. The plan and SPC form are packaged with a SGLT form and submitted to the Surveyor General through EFS.

Once the Surveyor General has completed the review of the plan and it is found to be acceptable, the land surveyor will be notified by email.

TIP

The applicant is encouraged to save an unaltered copy of the SGLT form that they have prepared for a specific submission. If the Surveyor General Division requests additional information, the SGLT form will need to be re-submitted with that additional information. The SGLT form will have to be updated with the addition of notes in the "Explanatory Notes" field to explain what new information is contained in the subsequent submission. The remainder of the information contained upon the form must remain unaltered from the original submission.

Obtaining Owner Consent for Plans of Titled Crown Land

Where a subdivision plan or reference plan is of land that is titled to the provincial government, an official from the Province, generally from the Ministry of Forests, Lands, Natural Resource Operations and Rural Development (MFLNRORD) must sign the DSPL form, as owner, on behalf of the government.

Designated staff at MFLNRORD have signing authority where title to the land is in the name of the Crown, in the name of MFLNRORD, or is in the name of a former ministry, the responsibilities of which now rest with MFLNRORD.

MFLNRORD officials do not need to sign DSPL forms related to statutory rights of way plans or posting plans.

A list of MFLNRORD offices and contact information is available in PDF iconSchedule A. If you are preparing a subdivision or reference plan of land titled to another government ministry, please contact us for information regarding authorized signatories.

Payment of Surveyor General Division Fees

Fees are withdrawn from the Submitter's myLTSA Enterprise deposit account when the SGLT form is submitted through myLTSA. The fees for all submission types are listed on the LTSA website, on the Fees page.

Specific Requirements by Plan Type

Statutory Right of Way Plans

If the SRW plan is for oil and gas purposes, the Surveyor General submission is to include:

  • A completed SGLT form, with "LTA SRW OGC Plan" selected as the Application/Plan type;
  • An image of the Oil and Gas Commission (OGC) letter stating that the plan complies with the application area approved by them; and
  • A digitally-signed SPC form and affixed survey plan image.

If the SRW plan is not for oil and gas purposes, the Surveyor General submission is to include:

  • A completed SGLT form, with "LTA SRW Plan" selected as the Application/Plan type;
  • A copy of the offer for the SRW from MFLNRORD, including the sketch plan and the page of the offer that has been signed by the applicant; or
  • If the SRW has been prepared at the direction of a government agency a copy of a letter or other document requesting and authorizing the survey needs to be included in the returns; and
  • A digitally-signed SPC form and affixed survey plan image.

For statutory right of way plans, Surveyor General staff will prepare the DSPL form and submit these plans for land title registration.

Subdivision, Reference and Posting Plans

You must first obtain survey instructions, as described above.

The following information is to be included in the package submission to the Surveyor General:

  • A completed SGLT form, with "LTA Plan" selected as the Application/Plan type;
  • A digitally-signed SPC form and affixed survey plan image.

For subdivision, reference and posting plans, the land surveyor or their client is ultimately responsible for preparing an Application to Deposit Plan at Land Title Office (DSPL) form and for submitting the plan for deposit in the Land Title Register. However, before obtaining necessary consents and approvals on the DSPL form, Surveyor General staff must first review and approve the plan. Although it is not necessary to submit a DSPL form to the Surveyor General Division as part of the submission package, staff will review the form if submitted.

Once the plan has been reviewed by Surveyor General staff and it is found to be acceptable, the land surveyor will be notified of approval by email.

The land surveyor or their client can now gather the necessary consents and approvals on the DSPL form and submit the plan for land title registration. A copy of the email from the Surveyor General indicating approval of the plan must be provided to the authorized representative of the Province signing as owner.

There are occasions when a land surveyor will have prepared a posting plan that shows new posts set at corners of a Crown-owned parcel when no associated offer was made by MFLNRORD. In these situations, the reason for the survey should be noted on the SGLT form and fees for the plan submission to the Surveyor General Division are not required. The "Deduct LTSA Fees" checkbox on the SGLT form should be unchecked.

Section 80 Land Act

The Surveyor General has been authorized by the Minister to dispose of Crown land under Section 80 of the Land Act.

Before the Surveyor General can approve a plan dedicating public road over Crown land, authorization to establish a road must be obtained from MFLNRORD. Please note that Section 80 establishes public road and not highway.

The following information is to be included in the package submission to the Surveyor General:

  • A completed SGLT form, with "LA 080 Plan" selected as the Application/Plan type;
  • A DSPL form that has been completed as much as possible. However, Section 1 (the Application section) must not be completed nor should the form be electronically signed. The DSPL must contain the appropriate signature block pursuant to Section 80 of the Land Act;
  • A copy of the authorization to establish a public road over untitled Crown land from MFLNRORD;
  • A digitally-signed SPC form and affixed survey plan image.

Once the certificate for the signature of the Surveyor General has been signed, it will be scanned and emailed back to the applicant, at which point other consents and approvals can be obtained. The certificate bearing the wet ink signature will be mailed to the applicant.

Section 9(1) of the Ministry of Lands, Parks and Housing Act

The Surveyor General has been authorized by the Minister to dispose of Crown land under Section 9(1) of the Ministry of Lands, Parks and Housing Act.

If a highway is being established on a Land Title Act plan and the road location way crosses a small Crown-owned creek, the Surveyor General may sign a certificate pursuant to Section 9(1) establishing public road over the creek. Please note that Section 9(1) establishes public road and not highway.

There is no formal application process for Section 9(1). When the Surveyor General Division receives a plan that contains a public road dedication under Section 9(1), staff will contact a regional representative of MFLNRORD to seek comments. If the comments are favourable, the Surveyor General will provide consent to the establishment.

Land surveyors are encouraged to submit a request for preliminary conditional approval by email to surveyor.general@ltsa.ca prior to completing the final plan.

The following information is to be included in the package submission to the Surveyor General:

  • A completed SGLT form with "MLPH 9(1) Highway or Forest Rd Plan" selected as the Application/Plan type;
  • A DSPL form that has been completed as much as possible. However, Section 1 (the Application section) must not be completed nor should the form be electronically signed. The DSPL must contain the appropriate signature block pursuant to Section 9(1) of the Ministry of Lands, Parks and Housing Act;
  • A digitally-signed SPC form and affixed survey plan image.

Once the certificate for the signature of the Surveyor General has been signed, it will be scanned and emailed back to the applicant, at which point other consents and approvals can be obtained. The certificate bearing the wet ink signature will be mailed to the applicant.

Submission of Plans Prepared Under the Land Act

You must first obtain a parcel designation, as described above.

Once the survey is completed, the resultant plan image must be affixed to the Survey Plan Submission to Surveyor General (CLRS) form, electronically signed, and submitted to the Surveyor General through EFS.

If Surveyor General staff seek amendments to the survey plan, the applicant will be notified of the required changes by email. The revised survey plan can be attached to the original unsigned CLRS form, the form electronically signed, and then re-submitted through EFS.

If the survey was conducted as the result of a direct contract with a provincial Crown ministry, this must be indicated in the "Explanatory Notes" field on the CLRS form. In these instances, the "Deduct LTSA Fees" checkbox on the form should be unchecked because surveys conducted under contract with provincial ministries are exempt from survey plan submission fees.

Once the plan is confirmed by the Surveyor General, it will be filed in the Crown Land Registry and the applicant will be notified of the plan approval by email.

TIP

The applicant is encouraged to save an unaltered copy of the CLRS form that they have prepared for specific submissions. If Surveyor General staff request the submission of additional information, the CLRS form will need to be re-submitted with this additional information. The CLRS form will have to be updated with the addition of notes in the "Explanatory Notes" field to explain what new information is contained in the subsequent submission. The remainder of the information contained upon the form must remain unaltered from the original submission.

For further assistance on any of these matters, please call the LTSA Customer Service Centre at 604-660-0380 in the Metro Vancouver area, or 1-877-577-5872 if calling from elsewhere in BC, Canada and the United States.

Jeff Beddoes, BCLS
Senior Deputy Surveyor General